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United States v. Jacob Drummondo-Farias
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 6 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-10187 20-10256 Plaintiff-Appellee, D.C. Nos. v. 1:12-cr-00174-JMS-1 1:12-cr-00174-JMS JACOB DRUMMONDO-FARIAS,
Defendant-Appellant. MEMORANDUM*
Appeal from the United States District Court for the District of Hawaii J. Michael Seabright, Chief District Judge, Presiding
Submitted August 4, 2021** San Francisco, California
Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit Judges.
Jacob Drummondo-Farias appeals pro se from the district court’s denial of two motions for compassionate release brought under 18 U.S.C. § 3582(c)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
We review for an abuse of discretion the denial of a motion for compassionate release under Section 3582(c)(1). United States v. Aruda, 993 F.3d 797, 799 (9th Cir. 2021) (per curiam). A district court abuses its discretion when “its application of the correct legal standard [is] (1) ‘illogical,’ (2) ‘implausible,’ or (3) without ‘support in inferences that may be drawn from the facts in the record.’” United States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir. 2009) (en banc) (quoting Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 577 (1985)).
The district court did not abuse its discretion by denying either of Drummondo-Farias’s motions for compassionate release. At 37 years old, Drummondo-Farias did not present a demonstrated risk factor for severe illness with COVID-19 even assuming he was obese, and nearly 15 years remained on his 27-year sentence. Nor did the district court abuse its discretion when it determined that the Section 3553(a) weighed against release in light of Drummondo-Farias’s criminal history. See United States v. Keller, 2 F.4th 1278, 1284 (9th Cir. 2021) (noting the “deference we must afford the district court when it makes these discretionary decisions”). There was no abuse of discretion.